Sheldon v. Kibbe
Supreme Court of Connecticut
This was an action of assault and battery. In one of the counts, the injury complained of was alleged to have been committed by Orrin Kibbe, under the stimulation, and with the assistance of the defendant. In bar of this action the defendant pleaded a former recoye-ry, by the plaintiff, against Orrin Kibbe, for the same trespass.
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This was an action of assault and battery. In one of the counts, the injury complained of was alleged to have been committed by Orrin Kibbe, under the stimulation, and with the assistance of the defendant. In bar of this action the defendant pleaded a former recoye-ry, by the plaintiff, against Orrin Kibbe, for the same trespass. By virtue of an execution issued on that judgment, Or-rin Kibbe was committed to prison ; took the poor prisoner’s oath ; and was afterwards discharged, under the act for the relief of insolvent debtors, without having paid or satisfied the judgment. The questions of…
1Opinion of the Court
Hosmer Ch. J.
This case presents two questions for the determination of the court. 1. Whether an unsatisfied judgment, rendered against a joint trespasser, separately, is a bar to a suit against his co-trespasser. 2. If it is not, whether taking out execution and levying it on the body, has that effect.
It is universally admitted, that for a joint trespass, the person injured may sue all the trespassers jointly, or each of them separately ; and that each is responsible for the act of all. There exists no question, that actions may be depending against each trespasser,' severally, at the same…
2Cases cited3 opinions
- Sheehy v. Mandeville & JamessonSupreme Court of the United States · 1810
- Ward v. JohnsonMassachusetts Supreme Judicial Court · 1816
- Tooker v. BennettNew York Supreme Court · 1805
3Cited by22 opinions
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Gionfriddo v. Gartenhaus CafeConnecticut Appellate Court · 1988
- Donaldson v. CarmichaelSupreme Court of Georgia · 1897
- Cleveland v. City of BangorSupreme Judicial Court of Maine · 1895
- Sparrow v. BromageSupreme Court of Connecticut · 1910
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